Harris Beach immigration attorney Danielle Rizzo will be a discussion leader during the upcoming American International Lawyers Association (AILA) web seminar, “TN Status Holders: Avoiding Preconceived Intent and Applying for LPR Status,” on July 9. A detailed description of the program is below.

TN visa professionals must maintain bona fide nonimmigrant intent. Under the United States–Mexico–Canada Agreement (formerly NAFTA) regulations, a TN applicant cannot intend to establish permanent residence in the United States and must satisfy the inspecting officer that the proposed stay is temporary and has a finite end. How, then, is a TN visa holder able to apply for adjustment of status (AOS)? Or can they? Our panel of experts will discuss the pros and cons for TN visa holders who seek to apply for AOS, and how to avoid a finding of fraud or “pre-conceived” intent.

Dani currently serves as a member of the AILA Department of Labor Liaison Committee.

Featured topics include:

  • Which issues arise when a sponsoring employer files either a perm application or the i-140 petition on the TN’s behalf?
  • When is it permissible for a TN to have future immigrant intent?
  • Should TNs only pursue the green card through immigrant visa consular processing and refrain from applying for AOS?
  • When the TN chooses to remain in the United States permanently and files an AOS application: best practices to avoid a finding of fraud or “pre-conceived intent” under INA §212(a)(6)(c)
  • Overcoming a potential finding of willful misrepresentation under USCIS policy manual, vol. 8, part j, CH. 3 (a)(3), where a TN files for AOS shortly after admission to the United States
  • The impact of COVID-19 on TN visa holders

Find more information and to register, visit the AILA site.

Our Immigration Law Practice Group includes immigration attorneys that work across New York state in our Albany, Buffalo, Ithaca, Long Island, New York City, Rochester and Syracuse offices. Our immigration lawyers focus on strategies – including immigrant visas for permanent U.S. resident status and temporary visas for foreign nationals – to ensure that employers are able to hire, transfer, and retain the brightest and best non-U.S. talent.